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2 Shipbuilders Get Big Breaks In
New Tax Bill
By EDMUND L. ANDREWS
A little-noticed provision in the sweeping
corporate tax bill that passed Congress last week
would reduce taxes at two major military contractors
by nearly $500 million over the next 10 years.
The provision, which primarily benefits General
Dynamics and Northrop Grumman, would allow
shipbuilders to postpone their taxes for years on
profits from building ships and submarines for the
Navy.
The new provision would benefit a handful of
major shipyards, all owned by one of the two
military conglomerates. They include the Bath Iron
Works in Maine acquired by General Dynamics in 1995
and the company's Electric Boat division in Groton,
Conn., as well as the Northrop-owned Newport News
shipyard in Virginia.
The new tax break would reverse a rule that
Congress imposed as part of the sweeping tax
overhaul of 1986, when lawmakers in both parties
were incensed that major military companies often
paid no income taxes despite earning billions of
dollars providing major weapons systems to the
military.
Under the bill, Navy shipbuilders would be
allowed to once again defer paying most federal
income taxes on a project until the contract was
completed. Because it takes about five years to
build an aircraft carrier and three years to build a
destroyer, the shipyards would be able to delay
their tax bills for years, allowing more opportunity
to offset taxes against future losses.
The measure's primary sponsor was Senator Olympia
J. Snowe, Republican of Maine, who said she was
determined to protect Bath Iron Works, one of her
state's largest employers.
''This provision takes dramatic steps to remedy
the inequity of how naval shipbuilders pay their
taxes,'' Ms. Snowe said in a statement last week,
just after House and Senate negotiators agreed to
include the provision in a broader bill that would
shower $140 billion in tax cuts across almost every
segment of industry.
But critics said the provision would not create
jobs, the stated intention of the tax bill, because
employment at naval shipyards is determined almost
entirely by federal spending on ships and submarines
rather than by tax incentives.
''We're not going to buy any more war boats if we
give them a tax incentive,'' said Robert S.
McIntyre, director of Citizens for Tax Justice, a
liberal research group here that has long
scrutinized corporate tax practices. ''We're going
to buy more boats if the government decides we need
more boats.''
The shipbuilders' tax cut was typical of the
furious scramble by lawmakers to include special
provisions for their constituents in the bill. The
final bill, which President Bush is expected to sign
soon, includes tax breaks for oil companies, corn
farmers, wine distributors and dozens of other
highly specific industries.
General Dynamics and Northrop Grumman, which will
also benefit from many of the new bill's general tax
cuts, are heavy contributors to political campaigns.
Since January 2003, General Dynamics' employees and
political action committees have contributed $1.3
million, about 64 percent to Republicans. Northrop
contributed $1.24 million, about 58 percent to
Republicans.
Senator Snowe was among dozens of lawmakers whose
support was needed to win final passage. She was
also part of a bipartisan group that tried to tie a
$10 billion buyout program for tobacco farmers,
which is also part of the bill, to a new requirement
that would allow the Food and Drug Administration to
regulate cigarettes and other tobacco products.
House Republicans rejected that provision, but
Ms. Snowe voted for the overall bill in part because
it included the shipbuilding tax break that she had
proposed.
She was hardly alone. Senator John Breaux,
Democrat of Louisiana, opposed many parts of the
overall bill but supported the shipbuilding tax
break and numerous other tax cuts for oil companies
that are big employers in his state.
Few if any lawmakers publicly objected to the
shipbuilding provision, which was tiny in comparison
with sweeping tax cuts, worth $42 billion over 10
years, on foreign profits of American
multinationals.
The House and Senate passed the overall bill by
overwhelming majorities.
Under current law, shipbuilders have to pay
income taxes on long-term Navy contracts based on
the percentage of work they have finished. When that
requirement was imposed in 1986, lawmakers were
furious that top military contractors were deferring
almost all of their taxes, even though they were
getting progress payments throughout the term of
their contracts. According to Mr. McIntyre, the top
12 Pentagon suppliers paid an effective tax rate of
only 6.3 percent in the early 1980's, and some
companies often paid none.
General Dynamics and Northrop Grumman have both
enjoyed big jumps in sales and profits from their
shipbuilding divisions, which are dominated by Navy
contracts, but tax payments at both companies during
the same period declined.
At General Dynamics, which makes the Arleigh
Burke class of Navy destroyers and Seawolf-class
nuclear submarines, its marine division generated
$2.5 billion in sales in the first six months of
2004, up 20 percent from the first half of 2003.
Earnings in the marine business increased 39
percent, to $179 million, in the first six months of
this year, compared with the first half of 2003.
Despite rising profits in all its divisions,
General Dynamics' overall tax payments declined
sharply in the first six months of this year, to $78
million from $119 million in the first half of 2003.
At Northrop Grumman, which produces aircraft
carriers and a new generation of destroyers, profits
in the shipbuilding division nearly doubled, to $186
million, in the first half of 2004 from $98 million
in the first half of 2003. Northrop's overall tax
payments fell to $291 million in the first half of
2004 from $112 million in the first half of 2003.
Cynthia Brown, president of the American
Shipbuilding Association, said the new measure was
necessary because shipbuilders often lose money
early in a multiyear contract.
''A naval ship takes us anywhere from three and
one half years to seven years to build, and an
aircraft carrier can take as long as eight years,''
Ms. Brown said. Even though the government makes
periodic ''progress payments'' as the work is
completed, she said, those payments often fall short
of costs in the beginning because the heaviest costs
are at the start of a contract.
''This is not a tax cut,'' she said. ''This is a
cash-flow issue.''
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